Filing an appeal book
How do I file an appeal book?
Once you have filed your Form 8, you must then lodge at least five copies of your appeal book in an approved form and serve a copy of the appeal book on each respondent (see regulation 102(10) of the Industrial Relations Commission Regulations 2005 (WA)). This must be done within 14 days of filing the Form 8.
If you fail to lodge and serve the appeal books within the prescribed time, you can make an application for extension of time. However, by submitting your appeals book out of time, you may risk not being able to have your appeal heard. Please see the related applications tab for more information.
An appeal book must contain:
- a copy of the Form 8;
- a copy of the application or reference instituting the proceedings before the Commission/Industrial Magistrate;
- a copy of any answer or counter-proposal filed in the proceedings;
- where applicable, a copy of that part or those parts of the settled issues containing the matters relevant to the appeal which were before the Commission/Industrial Magistrate;
- any written submissions, or outline of submissions, provided to the Commission/Industrial Magistrate;
- a copy of the decision that is the subject of the appeal and the Commission's/Industrial Magistrate’s reasons for that decision;
- a list of the page numbers of the transcript of the proceedings at which reference is made to the subject matter of the appeal;
- a copy of all relevant exhibits tendered during the proceedings; and
- a copy of any other document which will be required by the Full Bench to determine the appeal, including any further particulars of the claim or answer filed in the proceedings.
In addition, the Chief Commissioner has directed that an appeal book is to contain a contents page, and that all pages within the appeal book are numbered.
Structure and number of appeal books
The Registrar will not accept an appeal book unless all the pages are clearly legible.
Take particular note that you will need to prepare at least five copies. This includes three copies for the Full Bench, one for each respondent and one for your own use. Appeal books must be bound. The Commission’s preference is that the books are bound in 'comb binding'. It is also requested that one copy that is lodged with the Commission is left unbound to assist in the lodgement and scanning process undertaken within the Registry.
The specific requirements relating to appeal books are outlined in regulation 102(11A) of the Industrial Relations Commission Regulations 2005 (WA).
What happens next?
After the appeal books are accepted by the Commission's Registry, the Registry will:
- check to make sure that they contain all the required information;
- stamp all of the appeal books as 'filed'; and
- return the respondent's copies to you for service.
You will then be contacted by the Commission to arrange to have your application dealt with.